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Elderly parents
Original poster

Served with s21 notice

11 replies

Helpmeoutforamoment · 23/02/2023 11:56

Hi

I'm the LPA for my aunt and have today been served with a s21 order regarding her DOLS.

I literally have no idea what I need to do. I've returned the acknowledgment of service, but my aunt (who has dementia) has become very mistrustful and is now convinced that I am stealing all of her money and property all of which is included in the court papers. I can obviously clearly show that this is not the case but I'm slightly concerned at how her solicitor has put the information in.

In addition they are saying that the capacity assessor didn't do their job properly, and all of the care notes seem to show that she is competent, when all the notes that I have show that this is not the case.

Has anyone been through this process? Any advice?

OP posts:
PritiPatelsMaker · 23/02/2023 15:03

Sorry I'm a little confused. Is it a S21 to ask her to leave her home?

GoodChat · 23/02/2023 15:04

Does she have property or is she living in rented accommodation and has been asked to leave?

Do you have power of attorney?

Tara336 · 23/02/2023 15:18

My DF has a DOLs order in place, I had a letter the other day that said the the order is only in place while they are in the place that ordered it and you have to reaply if they move to a new home. The case notes not matching what an assessor states comes as no surprise as DF was assessed for CHC and they said he doesn't meet the criteria, yet in a separate report he very much does. They also state he has no issue eating, yet he has dysphasia and refuses food in another part of the report.

Original poster
Helpmeoutforamoment · 23/02/2023 16:00

It is a section 21 DOLS (deprivation of liberty safeguard) appeal. She has an interim DOLS and is saying she wants to go home so they are taking it to court to get the DOLS overturned.

She absolutely cannot cope in her own home (which has since been sold as she didn't own it) and so has no where to return to even if they approved the appeal.

She has no insight into her care needs and refused any support in her own home. She denies that she has dementia or any other health conditions. Says she is independent despite not being so at all. Unless anyone makes her change she wears filthy clothes and is incontinent, but the report says that she is able to manage this herself - she isn't. She nearly set her house on fire a number of times when she lived at home and would call me hysterical at least 5 times a day.

She is convinced I'm robbing her and have stolen her house as she thinks she owns it.

I feel so stressed out

OP posts:
PritiPatelsMaker · 23/02/2023 16:06

That sounds very distressing but have you name changed? Im having trouble following the thread and can't offer any advice so I think it's best if I bow out Flowers

GoodChat · 23/02/2023 16:59

Could you speak to social services and get another review done?

Tara336 · 23/02/2023 18:28

@Helpmeoutforamoment we had to have my DF sectioned as he was becoming a danger to himself and us so I can completely sympathise with what you are going through. They have lifted the secrion and put the DOLs order in place instead. One of the nurses at the MHU said that all of the patients in the unit truly believe that they have nothing wrong and that they couldn't possibly have dementia, so your aunt being in denial is pretty standard. We were made aware we could go to court and have the DOLs order overturned we don't want too.

If you have LPA that obviously helps a lot, does the solicitor know you have it? Also I'd put in writing she has dementia and that trying to overturn the DOLS is not in her best interests.

I'm having to learn jow to negotiate the care system as I go along and I've learnt that assessments seem to be meaningless and don't actually represent fact other then what they are observon a given day. My DF was physically threatening us yet they said he is no danger to anyone in the home and a model patient and doesn't qualify CHC yet one of the criteria is whether they eat and can swallow. My DF is diagnosed with dysphagia (can't swallow) yet they scored him as OK as that day he was eating yet on the assessment it was stated by 2 people he is not eating and cannot swallow meds! The model patient also has since whacked a carer but they assess him as emotionally stable.

Theunamedcat · 23/02/2023 18:39

Sorry? Just where do they think she will go? Are they not aware she has no home and that it was never actually hers?

DahliaMacNamara · 01/03/2023 00:00

Any progress on this, OP?

WhereIsMumHiding3 · 10/03/2023 20:08

It's a s21a challenge if her DOLs authorisation, which means she's objecting to being in a care home placement. And it will go before a judge. It's a long slow process and it doesn't mean that she will necessarily be going home. As LPA (health and welfare?) and/or most involved relative your views will also be included in the court evidence submitted and process

As you've been served with notice, it just means you need to be part of the process . I'm assuming she already therefore has an Official Solictot (OS) and a s39D IMCA. She will be appointed a social worker who will have to do the bulk of the evidence gathering and putting into witness statements together with the LA solicitors

WhereIsMumHiding3 · 10/03/2023 20:14

It's effectively a legal right to appeal a deprivation of Liberty, in a similar idea that MH tribunals operate to ensure detention under the MHA is justified, proportionate and least restrictive.

But of course in this instance it's the court of protection that have jurisdiction.

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